By registering for Growth Club and making the payment for the Growth Club program, you are acknowledging and accepting, and agree to be bound by the Terms and Conditions described herein. These Terms and Conditions are subject to change or modification at any time and at our discretion without notice. You waive any right you may have to receive specific notice of such changes or modifications, and your continued participation in Growth Club sessions and/or calls after any changes are implemented constitutes your acceptance of the changes. If you do not agree with the Terms and Conditions, please do not register or pay for Growth Club.
1. INTELLECTUAL PROPERTY
You acknowledge and agree that all content and materials shared with you by the Service Provider during calls or in person sessions are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorised by the Service Provider, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. Growth Club, The Growth Catalysts are India registered trademarks of the Service Provider and/or its related companies.
As noted above, reproduction, copying or redistribution for commercial purposes of any materials or design elements of Growth Club and associated programs is strictly prohibited without the express written permission of the Service Provider. For information on requesting such permission, please contact us using the contact information listed in the section entitled “Contacting Us” at www.thegrowthcatalysts.com.
2. ABILITY TO ACCEPT TERMS AND CONDITIONS/LIMITATIONS ON USE
You affirm that you are either more than 18 years of age, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.
3. RETURN POLICIES
We offer a 30 day money back guarantee on Growth Club. If you are not completely satisfied, you can ask for a refund of your payment made until the date of your request for refund, within 30 days of the date that you registered for Growth Club. Your request must be received by us before the 30 day period has passed.
For referrals made by you, the following conditions will govern the refund you will be entitled to:
a) For every person you recommend or refer to Growth Club, you will get a 20% refund (subject to a maximum of 3 referrals)
b) You will get your refund only if the participants you refer do not exercise their rights for a refund under the No Risk 30 Day Guarantee
c) You will get your refund only after all payments have been collected from the participants you refer
d) Your refund is subject to the participants mentioning your name under the “Referred by” section of the registration form. If the registering participant does not mention your name in the registration form, then you will not be entitled to a refund.
For all materials, contents and tools and concepts shared with you, you agree not to duplicate or sell any of these materials, contents, tools and concepts without written permission or share them in any form, electronic or otherwise without written permission.
Where applicable, the membership site is meant for informational purposes only. It is not intended as specific medical, legal, commercial, financial, tax or other professional advice. Use of the information on the membership site and this web site are at your own risk.
Use of content, unless otherwise stated, is for your own personal, non-commercial use. You may not distribute content, print multiple copies, or use the content for public display or performance unless otherwise stated.
You understand and agree not to provide false information about yourself, to impersonate another individual or provide misleading or false content.
You agree that any ideas, suggestions, or improvements that you provide to the Service Provider about the Service Provider’s products or services shall be owned by the Service Provider and that the Service Provider is free to include such ideas in future products without compensation to you.
You hereby warrant that any information you submit to the Service Provider is owned by you and that you have the necessary authority to submit such information. You hereby grant the Service Provider a royalty-free, perpetual, worldwide license to display, modify, adapt, create derivative works from, and otherwise use any suggestions, ideas, and information that you provide to the Service Provider.
6. DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE GROWTH CLUB PROGRAM DURING IN PERSON SESSIONS OR ON CALLS (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. SERVICE PROVIDER AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS WEB SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS CONTENT IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
7. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL SERVICE PROVIDER, OR ITS AGENTS, AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, CONTENT OR MATERIALS, TOOLS AND CONCEPTS OR FRAMEWORKS PROVIDED AS PART OF GROWTH CLUB. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IN NO EVENT SHALL THE AMOUNT OF COLLECTIVE LIABILITY OF SERVICE PROVIDER AND ITS AGENTS, AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS EXCEED THE AMOUNT ACTUALLY PAID TO SERVICE PROVIDER FOR PRODUCTS OR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SERVICE PROVIDER’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. Any provision herein to the contrary notwithstanding, the maximum liability of SERVICE PROVIDER to any person, firm or corporation whatsoever arising out of or in the connection with any license, use or other employment of any Content delivered to You hereunder, whether such liability arises from any claim based on breach or repudiation of contract, warranty, tort or otherwise, shall in no case exceed the actual price paid to SERVICE PROVIDER by You for the Content whose license, use, or other employment gives rise to the liability. The essential purpose of this provision is to limit the potential liability of SERVICE PROVIDER arising out of this Agreement. The parties acknowledge that the limitations set forth in this Section are integral to the amount of consideration levied in connection with the web site and any services rendered hereunder and that, were SERVICE PROVIDER to assume any further liability other than as set forth herein, such consideration would of necessity be set substantially higher.
Upon a request by the Service Provider, you agree to defend, indemnify, and hold the Service Provider and its other affiliated companies harmless, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your misuse of this web site or from your violation of the Terms and Conditions stated herein.
9. SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and the Service Provider with respect to the Growth Club Program and supersedes all prior or contemporaneous communications between you and the Service Provider with respect to this program. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
10. GOVERNING LAW
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Delhi, India without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of India. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Delhi, India, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
11. ARBITRATION OF DISPUTES
The parties agree that any dispute or claim in law or equity arising between them regarding the use of this web site or these Terms and Conditions, including any dispute regarding the enforceability or applicability of this arbitration provision, shall be decided by neutral, binding arbitration conducted in New Delhi, India. The arbitrator shall be a retired judge, justice, or an attorney with at least ten (10) years of legal experience relating to the subject matter of this Agreement, unless the parties mutually agree otherwise, who shall render an award in accordance with the substantive laws of New Delhi, India. Judgment upon the award of the arbitrator(s) may be entered in any court having jurisdiction.
NOTICE: BY USING THIS WEB SITE, YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THIS “ARBITRATION OF DISPUTES” PROVISION DECIDED BY NEUTRAL ARBITRATION AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION YOU MAY BE COMPELLED TO ARBITRATE ANYHOW PURSUANT TO A COURT ORDER. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. IF YOU DO NOT WISH TO AGREE TO ARBITRATION, THEN YOU MAY NOT REGISTER FOR GROWTH CLUB.
12. ATTORNEY’S FEES
In any dispute, action, proceeding, or arbitration regarding the Growth Club program or these Terms and Conditions, including the enforcement of any arbitration provision herein, the party prevailing in such action or proceeding shall be entitled to recover, in addition to any other award of damages or other remedies, its reasonable attorneys’ and experts’ fees, costs and expenses (including, without limitation, expenses for expert witnesses and all reasonable attorneys’ fees, costs and expenses upon appeal).